General Terms and Conditions  

  1. Scope

These General Terms and Conditions ("GTC") apply to the business division of étoile GmbH, Helvetiastrasse 25, 9000 St. Gallen, (hereinafter "company"). The company owns and operates the platform www.etoile.ch and provides paid and free services in connection with the distribution of handmade works of art. The company also sells products in the above-mentioned area. These terms and conditions apply to the above areas as well as other services that the company provides directly and indirectly to the customer. 

  1. Conclusion of contract

The contract is concluded by completing the check-out process on this website. 

  1. Prices

The prices include VAT.
The company reserves the right to change prices at any time. The prices valid on the website www.etoile.ch at the time the contract was concluded or according to the company's separate price list apply. The prices valid at the time the contract is concluded apply to the customer. 

  1. Payment

Payment is made by the payment partner "Stripe". 

  1. return

The return is excluded and will not be reimbursed with a voucher or other valuables. The products that can be seen on the website are handmade and are only made upon request/purchase of the visitor. 

  1. Warranty

The company endeavors to ensure good availability of www.etoile.ch and takes reasonable precautions to protect www.etoile.ch from third-party interference. 

However, it cannot guarantee that www.etoile.ch and the services offered will function without interruption or disruption, nor can it guarantee that the files are virus-free. The company does not guarantee the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. Furthermore, it cannot guarantee non-spamming, malicious software, spyware, hacking or phishing attacks, etc. which impair the use of the service, damage the customer's infrastructure (e.g. end devices, PC) or otherwise damage him. The company cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes made available, published or transmitted or the work result of the services. Any problem or defect must be reported to the company immediately. 

The company guarantees that the product is free from defects in material and manufacture.
The company must be notified immediately of any defects. It is up to the company to decide whether the defective product will be repaired or replaced. The customer is only entitled to a reduction or refund of the purchase price if a replacement or repair is not possible. The claim for reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins again for the repaired element, the original warranty period continues for the remaining elements of the product. 

  1. Liability

Liability for any indirect damage and consequential damage is completely excluded. 

The customer is obliged to report any damage to the company immediately. 

  1. Data Protection

The company may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract. The company takes the measures required to secure the data in accordance with the statutory provisions. The customer agrees in full to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data required to perform the service can also be passed on to commissioned service partners or other third parties. 

  1. Changes

These general terms and conditions can be changed by the company at any time. The new version comes into force by publication on the company's website. For customers, the version of the General Terms and Conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the GTC. 

  1. Priority

These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these General Terms and Conditions take precedence over these General Terms and Conditions. 

  1. Severability clause

Should a provision of this contract or an enclosure to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract. 

  1. Force Majeure

If the timely fulfillment by the company, its suppliers or third parties engaged as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes , nuclear accidents or reactor damage is impossible, the company is released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the company can withdraw from the contract. The company must reimburse the customer in full for any payment already made. 

Any further claims, in particular claims for damages as a result of vis major are excluded. 

  1. Applicable law / place of jurisdiction

These terms and conditions are subject to Swiss law. The court at the registered office of the company is responsible unless mandatory statutory provisions apply. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.